Buchanan v Milton
[1999] 2 FLR 844
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
There is no property in a dead body. The person with the highest claim to administer the estate has the right and duty to arrange for the disposal of the body.
Facts
A dispute arose between the deceased's partner and his parents about funeral arrangements, including whether the body should be buried or cremated.
Judgment Summary
The court held that the executor or administrator has the right to possession of the body for burial. There is no ownership of a corpse, but the duty to arrange disposal follows the right to administer the estate.
Key Quotes
"There is no property in a dead body. The executors have a duty and right to arrange disposal."
— Hale J
Subsequent Treatment
Cited in subsequent disputes over funeral arrangements.
What To Do Next
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